Login

Login

To access this feature, please Log In or Register for your Casebriefs Account.

Add to Library

Add

Search

Login
Register

Rainbow Management Group, Ltd. v. Atlantis Submarines Hawaii, L.P.

Powered by
Law Students: Don’t know your Bloomberg Law login? Register here

Brief Fact Summary.

Atlantis Submarines Hawaii, L.P. filed a cross-claim against Rainbow Management Group, Ltd. after a passenger of the Boston Whaler, Goerge Barry, sued both parties for injuries sustained in a crash with the Elua.

Synopsis of Rule of Law.

Under FRCP 13(a), co-parties become opposing parties when one asserts a counterclaim against the other.

Points of Law - Legal Principles in this Case for Law Students.

Inferences must be drawn in the light most favorable to the nonmoving party.

View Full Point of Law
Facts.

Rainbow Management Group, Ltd. (RMG) owned a boat called the Elua, that crashed into the Boston Whaler owned by Haydu. A passenger of the Boston Whaler, George Barry, initially filed suit against both RMG and Atlantis Submarines Hawaii, L.P. (ASH). ASH filed a cross-claim against RMG seeking contribution and breach of contract. Following the original lawsuit, RMG filed suit against ASH and Haydu for damage to the Elua. ASH moved for summary judgment claiming that RMG was required to file its claim as a compulsory counterclaim.

Issue.

Whether co-parties become opposing parties when one asserts a counterclaim against the other?

Held.

Yes. ASH’s motion for summary judgment is granted. When ASH sued RMG for contribution and breach of contract, the parties became opposing parties and RMG should have made their additional claims.

Discussion.

FRCP 13(g) allows co-parties to assert cross-claims against other co-parties, as long as the issue arises out of the same transaction or occurrence as the original claim. When one co-party asserts a cross claim against another party, the parties become opposing parties under FRCP 13(a).


Create New Group

Casebriefs is concerned with your security, please complete the following